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(영문) 서울고등법원 2021.01.21 2020나2023125
전속계약효력부존재확인 등
Text

All appeals filed by both the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) Co., Ltd. are dismissed.

Of the costs of appeal, the principal lawsuit shall be filed.

Reasons

In the first instance trial of this Court, the Plaintiffs sought confirmation of the primary invalidation of the exclusive agreement concluded on July 27, 2016 between the Plaintiffs and Defendant E, as well as confirmation of the termination due to the notification of the termination of the agreement on March 24, 2016. Defendant E and F sought damages equivalent to trust interest and consolation money due to tort against Defendant E and F, and consolation money due to tort against Defendant H, respectively. Defendant E claimed against the Plaintiffs for compensation for damages due to the reasons that the exclusive agreement was terminated on July 27, 2016.

Accordingly, the first instance court dismissed the primary claim on the validity of the contract of the plaintiffs and accepted the conjunctive claim, and all of the plaintiffs' claims for damages and defendant E's counterclaims were dismissed.

As to this, the plaintiffs appealed only against the claim for consolation money due to Defendant F and H’s tort among the principal lawsuit of the judgment of the first instance. Defendant E also appealed only against the counterclaim of the judgment of the first instance. Of the principal lawsuit, both parties did not appeal against the claim on the validity of the former contract and the claim for damages equivalent to the trust interest.

Therefore, the scope of this court's judgment is limited to the plaintiffs' claims for consolation money due to the illegal acts of defendant F and H and the claims for counterclaim of defendant E.

Basic Facts

The reasoning for this part of this Court is as follows: Defendant G’s “Defendant G” of the first instance judgment of 3 pages 20 is as follows: “Defendant G” of the first instance judgment of 3 pages 20; “Defendant G” of the lower judgment is as stated in the part “1. Basic Facts” except for the use of “G” in the part “1. Basic Facts”; therefore, this part is cited, including summary language, in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The judgment of the principal claim was made by Defendant F and H from time to time against the Plaintiffs’ will, and Defendant F and H inspected the Plaintiffs’ cell phone against their will. ② Defendant F without the consent of the Plaintiffs.

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